HomeMy Public PortalAboutOrdinance 66-191RD ! NA CE iCf. 66 -191
AN ORDINANCE ANCE OF THE CITY COUNCIL OF
THE CITY OF TEMPLE CiTY AMENDING
ORDINANCE NO. 63 -107 WITH REFERENCE
TO MINOR LAND SUBDIV!SIONS.(URGENCY)
THE CITY COUNCIL OF THE CITY OF TEMPLE CITY NOES ORDAIN
AS FOLLOWS:
SECTION 1. That Sections 500 and 501 of Article V of Ord -
inance Po. 63 -107, are hereby amended to read as follows:
"500. LOT SPLITS. DEFINITIONS. For the purpose of this
article, the following words a`nrases shall be defined as
follows:
(a) 'Lot Split' shall mean any real property, improved or
unimproved or any portion thereof, which is shown on the last
approved County Tax Roll, in effect as of the 1st day of- Getaber,
1964, as a unit or as contiguous units, which is divided, or is
proposed to be divided, for immediate or future sale or lease by
any person, into four or lass parcels or lots. Lot Split shall
not include any lease of any part of an apartment housey,community
apartment project, commercial building or trailer park, whicl doe.s.
not involve a division, by lawful conveyance, of real property......
(b) 'Map° shall mean a Parcel Map as that phrase is defined
in Section 11535 et seq. of the Business and Professions Code of
the State of California, to which reference, is hereby made. Said
Map shall be prepared in accordance with the provisions of the
State Map Act applicable thereto and other provisions hereof.
(c) 'Plan' shall mean a tentative parcel map submitted to
the Planning Director, indicating the nature of the proposed
division of land showing the proposed lot lines, and such other
information as required by the Director, which plan shall be sub-
mitted prior to the submission of a map. Such plans shall be pre-
pared by a Licensed Civil Engineer or Licensed Land Surveyor.
(d) 'Improvements' Improvements required of a Parcel Map
shall be the improvements defined in Section 404, Article X of
the Temple City Municipal .Code. The Engineer shall deny approval
to any map unless:
(1) Such improvements are constructed, prior to the filing
for the record of the map, in accordance with City standards
therefore; or
(2) The Subdivider has, prior to the Engineer's approval of
the Parcel Map, entered into an agreement with th a City, which
agreement shall be accompanied by a deposit to cuaran-tee the faith-
ful performance of all work, the inspection of which shall be the
duty of the Street Superintendent and /or City Engineer or any
other officer of the City, whichever the case may be. The guarantee
may be in the form of a cash deposit, an instrument of credit from
a financial institution, or a bond by a duly authorized corporate
surety, as provided in the Subdivision Map Act.
(e) 'Notice' sha 1 l mean a written notice, deposited in the
United States Mall, postage prepaid, addressed to the applicant,
appellant or other interested party requesting such notice, at
his last known mailing address.
(f) 'Subdivider' shall mean any person who applies for a lot
split pursuant to the provisions of enis Article.
(g) 'Director' shall mean the Director of Planning of the
City.
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Ordinance No. 66-191
Page Two
(h) 'City' shall mean the City of Temple City.
(i) 'Engineer' shall mean the City Engineer of said City."
"501. COMPLIANCE WiTH THIS ARTICLE. No person shall divide
any real property into tour or less lots, as described in Section
500 (a) hereof, without first complying with the provisions of
this Article. Any conveyance, sale, or contract to sell or lease
property made contrary to the provisions of this Article shall
be voidable to the extent, and in the same manner, as provided in
Section 115k0 of the Business and Professions Code of the State
of California, to which reference is hereby made."
SECTION 2. That Section 502, through 507, inclusive, are
hereby added to Article V of Ordinance No. 63 -109, to read as
follows:
"502. FILING OF PLAN. A person who desires to obtain
approval of a dot sp it, s all file with the :'irector the follow-
ing:
(a) 15 copies of a plan and a reproducible negative thereof;
and
(b) a written application for such division in a form to be
established by the Director; and
(c) A filing and processing fee as set by Resolution of the
Council.
"503. PLANS.
(a) SUBMISSION. Upon receipt of a plan, together with the
fee and app icatothe Director shall examine the same to
determine whether the proposed division of land would meet with
all requirements of the Temple City Municipal Code if approved.
No plan shall be tentatively approved, nor shall any map
be approved by the Director, unless all requirements of this Code
are met, and each lot, as proposed on the said plan and /or map,
has at least 60 feet of frontage or in the case of lots abutting
a cul-de -sac, 35 feet of frontage upon:
(1) a dedicated public street, not less than Z..O feet in
width; or
(2) upon an existing private street, at least 40 feet in
width, created by private easements, permanent in nature.
if it is found by the Director that each of the lots will
have the required frontage upon a dedicated public street, but
that the street has not been fully dedicated in the area abutting
the subject lot or lots, so as to bring the street up to a minimum
of 60 feet of dedicated width, or such other width as may be
designated on the General Plan for the abutting; street, the Director
shall require that sufficient dedication for street purposes be
offered by the owner to the City, so as to meet such minimum re-
quired street width, Such offers oF dedication shall be made con-
temporaneously with the submission of a map.
Whenever dedication is required, the offer of dedication
shall be transmitted to the City Clerk for acceptance and record-
ation ;riot" to approval of the map.
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Ordinance ado. 66 -191
Page Three
Where the Director finds that the requirements of Subparagraphs
(1) or (2) above, are not met, he shall deny the Plan. The app-
licant shall be given notice of such denial, within 5 days of such
determination.
(c) IMPROVEMENTS. The Director shall determine prior to
the submission ova map, whether improvements are required, or
if any of the improvements are in place, or, if the same exist,
that they are in good condition and repair, upon each of the
lots as shown on the said plan. Such improvements have not been
constructed and installed upon the street frontages of such lots,
or if the Director finds that reconstruction of a l l or a part of
said improvements are required as a safety measure, the plan shall
be denied unless:
(1) Such improvements are constructed, or reconstructed,
prior to the submission of the map, in accordance with City stand-
ards therefor; or
(2) That the applicant has guaranteed the construction or
reconstruction, of such improvements either by a cash deposit
with the City Treasurer or the filing of an instrument of credit,
as that phrase is defined in the State Subdivision Map Act. Such
cash deposit and/or instrument of credit shall be in the amount
estimated by the City Director as being equal to tha cost of such
construction or reconstruction.
I f the Director finds that the plan is in accordance with a l l
applicable provisions of this Code, including, but not limited to,
this Article, the Director shall pi'e the applicant notice thereof,
and shall indicate to him that hE a period of time, not to
exceed 60 days, within which to file a map as hereinafter provided."
"504. DUTIES OF CITY ENGINEER,
(a) APPROVAL. Where the Director has approved a plan, the
applicant s a sbnit a map. No map shall be approved by the
Engineer:
(1) unless the required dedication, if any, has been offered
to the City;
(2) If improvements are required, that the same have been
either constructed or reconstructed, or bonded for;
(3) unless the map complies with all provisions of this Code,
in the manner hereinabove set forth.
IF the Engineer finds that all such conditions have been met
by the map as submitted, he shall approve the same by endorsing
his approval upon the map to be recorded in the Office of the
County Recorder of the County of Los Angeles, at the sole cost of
the applicant.
(b) DISAPPROVAL. I f the Engineer finds that any of the require-
ments of tai i s Art t c e have not been met with 'res;:,ect to a map, he
shall disapprove the same; the applicant shall be jven written
notice of such disapproval, within 5 days of such determination.
"505. APPEAL. If any applicant, or other interested person,
is dissatisfic'Twith the action taken with respect to a plan, either
as to its disapproval or as to any condition of approval imposed
thereon, he shall have the right of appeal, from the Director's
decision, to the Planning Commission.
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Ordinance N o. 66-191
Page Four
Such appeal shall be in writing, accompanied . y a filing
and processing fee in the sum of $,and shall be filed
with the secretary of the Planning Commission within 60 days
after the mailing of notice to the applicant of the determination
of the Director or Engineer."
"506. ACTION OF PLANNING COMM!SSlON. When the Secretary
of the P l ann s g Co mrr i s s i on rece veca ' a nofIce of appeal with ref-
erence to a plan or map, said Secretary shall set the matter for
hearing upon the next agenda of the Planning Commission. The
appellant shall be given written notice of the time and place of
such hearing, and the Commission, at the time of such hearing,
shall give the applicant a reasonable opportunity to present
evidence to show the action of the Director was arbitrary, cap-
ricious or unreasonable. The burden of proof shall be on the
applicant.
Where a plan has been denied for the reason that one or more
of the lots, as proposed, do not abut upon a public or private
street, and the Director has determined that the facts required
by Section 503 (2) are not present, the Commission shall deny the
map and refuse to give approval thereto, unless it finds that
all the following facts exist:
(a) That there are exceptional or extraordinary circumstances
or conditions applicable to the property involved or which do not
generally apply to other property of a similar nature; and
(b) That the granting of the map will not be materially
detrimental to the public welfare or injurious to adjacent prop-
erties; and
(c) That the granting of the map will not adversely effect
the general plan of the City; and
(d) That such approval is necessary to permit the property
owner to use and enjoy the property involved.
The Planning Commission in passing upon such an appeal shall
have the authority and power to condition its approval of the map
so as to render the proposed division compatible with the pro -
visions of the Temple City Municipal Code and surrounding and
adjacent uses. The action of the Commission shall be final and
conclusive on the 10th day after the adoption of the Commission's
resolution, or upon the day following the next regular City
Council meeting, whichever date occurs later, in the absence of
an appeal to the City Council in the manner hereinafter set forth.
Where the Commission's action is to approve, when it has
become final, the City Engineer shall endorse his approval on the
Parcel Map and cause the same to be recorded in the office of the
County Recorder at the expense of the applicant."
"50. APPEAL TO COUOCiL. Any applicant aggrieved by the
decision of the Planning Commission shall have the right of appeal
to the City Council. Such appeal shall be filed with the City
Cler.: within 10 days after the determination of the Planning
Commission. Upon receipt of such an appeal, together with a fee
in the amount of $50.00, the City Clerk shall place the same on
the City Council's agenda for a public hearing and shall give the
applicant at least 10 days' written notice of the time and place
of such hearing. City Council shall conduct a do novo hearing
upon said appeal; the burden of proof shall be o(, the applicant
to show that the action of the Commission was arbitrary, capricious,
and unreasonable under all of the circumstances, in view of the
standards as set forth in Section 506 hereof.
546
Ordinance Flo. 66 -191
Page Five
The action of the Council shall be to approve conditionally,
approve, or deny the appeal. The action of the City Council shall
be final and conclusive.
After the action of the Council has become Final, i n cases
of approval, the City Engineer shall endorse his approval on the
Parcel Map and cause the same to be recorded in the Office of the
County Recorder at the expense of the applicant."
SECTION 3. That the City Clerk shall certify to the adoption
of this Ordinance and cause the same to be published in the manner
prescribed by law.
PASSED, APPROVED AND ADOPTED this 5th day of April
ATTEST:
City Cler ::
Mayor, City o '- TeTe ty,
California
, 1966.
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss
CITY OF TEMPLE CITY )
1, MARJORIE A. WOODRUFF, Chief Deputy City Clerk of Temple City,
do hereby certify that the foregoing Ordinance, being Ordinance No.
66 -191, was introduced at a regular meeting of the City Council of
the City of Temple City, held on the 15th day of March, 1966, and
was duly passed, approved and adopted by said Council, signed by the
Mayor and attested by the City Clerk on the 5th day of April, 1966,
by the following roll call vote:
AYES: Councilmen: Dickason, Merritt, Nunamaker,.Tyrell, Harker
NOES: Councilmen: None
ABSENT: Councilmen: None
Chief U,e uty City Cler of r rye City
of Tema e City, California
547